36/1/4/1/200900135
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO 1040
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 4 SEPTEMBER 2009
(INTERNAL QUESTION PAPER NO 14 - 2009)
Date reply submitted : 7 October 2009
Mr S J Njikelana (ANC) to ask the Minister of Police:
(1) How many arrested juveniles were released into the custody of their
parents during the period 1 January 2007 up to the latest specified
date for which information is available;
(2) whether the SA Police Service collaborated with the Department of
Social Development in this regard; if not, why not; if so, how?
NW1113E
REPLY:
(1) The term (juveniles( is no longer used in the South African policy
and legislation that applies to children in the criminal justice
system. A person under the age of 18 is defined as a child and over 18
as an adult.
The SAPS can, following arrest and prior to a first appearance in
court, and if the circumstances as provided for in the relevant
National Instructions and orders allow it, release a child in the care
of his/her parents or guardian, with summons to appear in court.
Information in this regard is recorded in the case docket with a copy
of the relevant summons to appear in court. This information is,
however, not available on a central electronic database. In order to
provide the information requested every police station will have to
manually check its registers and dockets involving child offenders.
This information will also have to be verified for correctness and
completeness. This process represents a significant administrative
burden that may impact on SAPS service delivery.
The release of a child into the care of his/her parents or guardian
following a court appearance is based on the decision of the Court and
is documented by court officials. This information should be obtained
from the Department of Justice and Constitutional Development.
As part of the process to improve the information management and
integration of information and information systems in the Criminal
Justice system, and also to improve the inter-sectoral monitoring of
the child justice system, specific improvements to information systems
is currently under development that will, in future, allow more
complete information to be provided.
SAPS policies and instructions require that detention of a child in
police custody is only done as a last resort when there are compelling
reasons for the detention of the child and no other facilities for
children are available. As far as possible, children are released into
the care of their parents or guardians with a summons to appear in
court.
(2) The South African Police Service is represented on the Inter-sectoral
Steering Committee for Child Justice (ISCCJ) at a national level and
also on the corresponding co-ordinating structures at provincial level
which are established in accordance with the (Interim National
Protocol for the Management of Children Awaiting Trial(.
The Inter-sectoral Committee enhances departmental collaboration in
regard to the following:
* effective inter-sectoral management of children who are charged
with offences and who may need to be placed in alternative care.
* appropriate placement of children in conflict with the law based
on individual assessment.
* correct utilization of alternative care.
* the monitoring of children within the Child Justice System.
The South African Police Service must, when a child is arrested:
* notify parents or guardians about the arrest of a child.
* notify the parents about the time, place and date of court.
* consider the release of the child in custody of the parents, or
person in who(s custody he/she is.
* ensure that the child is assessed by a probation officer as soon
* as possible.
In collaboration with the Department of Social Development, SAPS has
communicated the availability of probation services at local level to
Provinces and Police stations, to ensure that children arrested are
assessed within in the required time frames. This information includes
the relevant names and contact details of probation officers, venues
where children can be assessed and probation services that are
available.
In terms of the (Interim National Protocol for the Management of
Children Awaiting Trial( the probation officer must, prior to
appearance in court, hand over the assessment of a child in conflict
with the law to the prosecutor, with recommendations in respect of
suitable placement, including release in custody of parents or
placement in secure care facilities.
Information regarding children in the Criminal Justice System is
discussed on a monthly basis during ISCCJ meetings at National and
Provincial levels. As part of this monthly meeting, services rendered
to children are assessed and challenges identified. This includes
challenges in regard to the availability of probation officers and
facilities for detention of children and allows for Provincial
Management to address problems immediately and for National Management
to be informed to assist and intervene where necessary.
Reply to question 1040 approved by Minister